for which it stands; one nation under god, indivisible, with liberty and justice for all. >> mr. president, i'd like to call roll. >> thank you. >> president mazzucco? >> present. >> vice president marshal? >> he's in route. >> commissioner de jesus. >> present. >> commissioner chan is excused. commissioner kingsley? >> present. >> commissioner turman? >> here. >> commissioner lockly? >> present. >> mr. president, you have a quorum. also with us is deputy chief mike beale and director hicks of the office of citizens complaints. >> thank you very much, sergeant. ladies and gentlemen, welcome to the april 10th, 2013

regularly scheduled san francisco police commission meeting. and we'll start off tonight with our first item, which is the consent calendar. on that, commissioner, in your packet are police commission reports regarding actions during the first quarter of 2013. commissioners, do you have that in your packet? if you'd take a look at it, are there any questions? this is not an action item. actually, this is an action item we have to file, thank you. but it's -- >> item 1, consent calendar, receive and file action police commission report of disciplinary action first quarter 2013. >> commissioners, are there any comments or questions regarding this report online item number 1? now, note that for the public, while disciplinary matters are confidential because of a california supreme court ruling in other employment law related matters, the numbers that this commission used to face the docket was at the time 77, 87

officers with charges pending. i am pleased to state for the record today i think we're less than 10. and that's a credit to the commissioners who do this on their own personal time along with the chief, the members of the police officers association, the office of complaints, their mediationses, their attorneys, people are working really hard to get these cases resolved to assure that we have our best officers back on the street and the officers that need discipline have been disciplined. so, is there any comments from the commission? is there any public comment regarding this? hearing none, public comment is now closed. [gavel] >> do i have a motion? >> i move. >> second. >> all in favor? >> aye. >> that matter passed. please call line item number 2. >> item 2, general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but that are within the subject matter jurisdiction of the commission. speakers shall address their

remarks to the commission as a whole and not to individual commissioners or departments or occ personnel. under police commission rules of order, during public comment neither police nor occ personnel nor commissioners are required to respond to questions presented by the public, but may provide a brief response. individual commissioners and police and occ personnel should refrain, however, from entering into any debates or discussion with speakers during public comment. please limit your comments to three minutes. >> thank you very much, sergeant. first speaker, please. good evening, good to see you again. thank you very much. good to see you. glad to see you in good health and safe. now, as you know, i'm going to complain about the crime in the tenderloin. i'm sure you know that. now, once again, i'm very proud of the police officers that answer the call of duty and came into the area with hard core law enforcement action in february of this year.

that's exactly what i wanted. but i wanted it to continue. i told you that in march at this meeting, in march i told you the same thing that i'm telling you now. now it's april and i am saying it again. the streets are filled with black crime. in february when law enforcement came in, they took a big bite out of crime. crime thought it was over for them and that tenderloin crime would no longer exist. that's what i want, and that's why i continue to address these issues. so, where's all the good police officers that fought crime in february? they did a great job and it has to continue just like i said, until crime no longer exists. who pulled the plug on my direct target? black crime lasted law enforce many. that's not funny to me. black crime talk about mob context and that black crime will never go down.

black crime thinks that they own the tenderloin. so, what kind of mob context do black criminals have? what is going on with this district? i'm very suspicious. who in the hell is making payoffs? i hate crime. i have been working hard to bring crime down to its knees until no longer exists. i have been doing so for a very long time, very long time. i'm not going to shut up and neither are any of the good police officers that are on my side. now, bring back hard core law enforcement. [speaker not understood] is a must. tenderloin crime has to be stopped. it's not the only district that has a bad crime area, but it is a district that has been overcome by crime for a long time. this district is disgusting. i believe in hard core law enforcement. i believe intact cal life. let's get busy and stop tenderloin crime. all crime must stop now. and i thank you very much.

i'm going to turn this [speaker not understood] as i always do. and i would also like to say that i have a lot of respect for william bratton. and i would like to see eventually when william is brought into san francisco city to address crime here. he is a wonderful police consultant. he's hard core law enforcement and the need is a must. ~ thank you very much. >> thank you. next speaker. i'll say for the record san francisco does not need william brat en. no, he doesn't. while we're saying things for the record, there is no such thing as black crime. first amendment right, but i feel like it's a matter of conscience for me now to make sure that i at least say that referring to crime as being done by one particular race. i think that you need to stop -- >> inoffensive -- >> next speaker. crime is neutral. >> thank you. i'm going to walk out of here.

[speaker not understood], i consider you part of it. >> there you have it. william brat en is very respectful. good evening, clyde. [speaker not understood]. boy, my blood boils. i was going to talk about tasers, but it's funny [speaker not understood] i can't say anything, right? >> [speaker not understood]. okay. >> nothing more. i've been really pushing hard for the tasers. during the st. patty's day parade, i said i'm getting push back. he said, clyde, push harder. so, i talked to jane kim. i spoke to mayor lee, mayor lee says, clyde, it's not my cause. police commission and the board of supervisors. so, the board of supervisors was marching down market so i stopped them. i spoke to the supervisors. whew, it was cold, it was cold. i'll be honest with you. most of my [speaker not understood] are uninformed.

i spoke to the [speaker not understood] coalition who is fighting it. and i sat down with her. she said, clyde, do you know how many people died from tasers last year? i said, how many? she said, 170. i said, ma'am, do you know how many people died in swimming pools ladthv year? -- last year? she said, no, how many? i said 900. she said, how do you know that? i said, google it. she came back. she said [speaker not understood] homeless people. how many people out of those 170 people that died were homeless? she said, i don't know. i said, look it up, ma'am. it was 12. the rest of them are not homeless people. we need these things. and i hope we get them. i might not win at the board of supervisors, but i'd like to win here. thank you. >> thank you, clyde. next speaker, neil. commissioners, and ladies and gentlemen in the audience, good evening. i welcome this opportunity to speak today.

generally i speak on subjects not like tonight's. i'm bogged down right now with the law library and a lawsuit with the city and county of san francisco. we're up to 30,000 square feet. and the board of trustees at city college where salaries and pensions are rolling over 93% 69 overhead for city college where they have to close down buildings and classes. and that's generally been the gist of my comments over the last two to three years here at the commission. tonight i'm going to lighten your load by giving you a couple of examples of what i'd like to see going on on a few fliers i've gotten [speaker not understood]. one is, if i can show it right here, a part of that. the san francisco police department and sheriff's department is involved in hiring veterans -- the other veterans and myself coming back from iraq and iran and

afghanistan war for the police department. i welcome it and support it. i hope they get to hire a few of these guys. they're up there at city college and i handed out a few of these. so, i welcome the opportunity to put a few of these fliers here and also for the people on the television to pass that around. secondly is that there is a secondary event for veterans. [speaker not understood] to the police department, but also related to the city and county of what they can do for them coming back from the war as it closes down here in 2013 and 2014. and that's been on the 19th with jackie supervisor aioto-pier will be there as well. -- jackie spear. last but not least, as commissioners you're informed of the golden state warriors against the san francisco police department for handicap game on july 1, which i'll put here for you as well.

[speaker not understood] excuse me. sponsored by the [speaker not understood] association of the war memorial as well the police officers association. so, when you have that on your agenda out here for television land and get some of these officers as well as potential policemen out to this event. so, that's all i have for you is the [speaker not understood] and i appreciate your time on this. >> thank you very much. i'm going to leave them over here. >> thank you. any further public comment? hearing none, public comment is now closed. please call the next line item. >> item number 3, reports and announcements, 3a, chief's report, discussion, recent events, reveal recent activities, scheduling of the less lethal weapons recommendation including electronic control weapons. tasers. >> good evening, chief. welcome. >> good evening, commissioner. review of recent events, i attended the tsunami walk with department of emergency

managements last weekend. also last weekend we did the department -- city agency's participate in a rib kickoff called the egg-stravaganza because it's on easter weekend. i have to report the police department won the first time in four-year. it started four years ago, actually in the bayview, and all proceeds from the rib cook off proceed scholarship programs to get kids who can't afford to get in the park and rec programs for the summer. so, it's a good thing, good time was had by all. and then on saturday night we went to the police fire sheriff public safety awards and 14 officers were recognized by the lion's international for [speaker not understood] all the way from the cloud [speaker not understood] saving the baby all the way down to officers just doing real conscientious traffic enforce many. it was a great thing. all the families were there.

it was nice. with regard to crime, violent crime is up about 4% which we are working hard to get back down again in that arrest for violent crime are up 30%. so, with a little bit of luck we can get a handle on that. we continue to grapple with the realignment uptick in property crimes, especially burglaries for motor vehicles and, again, we want to ask the public to be really conscientious about what you leave in plain view in your car as auto burglaries are a problem and are the large portion of why property crime is up over 10%. we did have an officer-involved shooting. i want to thank commissioner [speaker not understood] and commissioner de jesus for being there last night. in keeping with our practice we had our community meeting at the -- i'm embarrassed, i forget the name of that church --

cornerstone church just up a block from mission station about a half a block away from where the officer involved shooting occurred. actually, i have a picture of the weapon that the suspect had in his hand where he had a group of folks at gunpoint. it turned out after he unfortunately had been hit by the officer's gun fire, that that was actually a replica gun. i don't think anybody looking at it here on television would -- or if you saw it for real, it certainly looks like a real gun. both the suspect [speaker not understood] the firearm and a second person that was hit by gun fire are at general hospital recovering from their wounds and hopefully they'll make full recoveries. both officers are okay. the officer that shot is on the standard pro forma 10-day administrative leave and he'll be coming back around to this body duty panel.

i would ask the commission's indulgence. i'm going to leave my position in the hands of deputy chief beale at about 7:30. tonight is the ninth anniversary of the isaac he espinosa homicide, ask there will be a vigil for him at bayview at 8 o'clock. i wanted to make it out there in time for that. that concludes my first portion of the report. my second portion of the report may come as a bit of a revelation -- oh, one more thing. we have -- we're seeking the public's assistance in that on april 8th, just before 3:00 a.m. there was a robbery with a gun at happy doughnuts on the 2600 block of bayshore here in san francisco. during the robbery the victim was injured. the suspect, though, was stabbed by the victim. as far the victim of the robbery, he says he believed he stabbed -- the stab wounds he

inflicted on the suspect were significant. we've been canvassing all hospitals and we have had nobody at any hospital and so now we're asking anybody that might know of anyone that suffered any major stab wounds over the weekend of april 8th to please inform the police department. you can call us at 5:53-10 71 any time ~. if you're nervous about your safety, you can call the anonymous tip line at 574-4444. the suspect is believed to be a bald black male approximately 30 to 40 years of age, somewhere between 5'8" and 5'10" of a thin build and we believe the stab wound is in his upper torso. if anybody knows anyone who would fit that description, please let us know as we believe that is our outstanding robbery suspect and we're really concerned if the stab wounds were significant, if somebody is missing, let us

know that, too, because we're afraid that maybe he just wandered off and never got the care at all and we may find him later. so, that's that. with regard to tasers, i know it's on the -- tonight on the agenda tonight for scheduling and at the risk of up siding clyde and in conversations with the chair of the panel and commissioner lost us, it would have been commissioner chan as well, i am going to ask that i withdraw my request for the pilot. ~ loft us clyde after the meetings, the way the policy has been defined so far, when and where something is like not adjacent to traffic, not in elevated areas, not on elderly, small, thin at risk people which is a vague definition, and on and on and on, i think that the constraints put on the officers

are so onerous that they would be reticent to use the tasers at all. so, i think that a pilot -- when following through on the resolution to do the study, i think that that was a good thing. i think we heard a lot of good comments, but i think that the very officers that we would ask these officers, the cit officers feel that they would never use them. just the constraints are too rigid. i think that with this, commission, i appreciate the commissioners that have been supportive, but i think that there would be great fanfare and publicity that the officers got tasers when in reality it would be but 5% of the department. and then i think that the constraints are such that the officers would be reticent to use them. this would create so much pause in the minds of the officers it could actually put them and the public more at risk by having them.

so, i still feel, as i said in the beginning, that we have a moral obligation to afford our officers something less lethal than a gun. i am still mystified, frankly, that we couldn't seem to make those that don't understand, understand that we were asking something short of a firearm when we already have guns, but that is what it is. so, i think -- and i've talked to people like stu hanlon and tim solard who have personal interest in this and believe wholeheartedly that we need something. and, so, i think that we'll continue our search for less lethal, but at least so far as today's taser has been described by a lot of folks and the acrimony with which it's been presented, i don't think i would be doing a service to the police department or the public by getting the tasers as currently prescribed.

so, i think this commission has plenty of other thing to do. and rather than waste anybody else's time and allow anybody more upset, i thought i would -- i thought i'd make this comment before we even go any farther. so, i would leave it in the hands of the commission after that. but as far as i'm concerned, speaking for the police department, it's not something i'm prepared to push for at this time. >> thank you, chief. commissioner turman. >> well, on the issue of tasers , as one of the commissioners that sat on the panel to look into the matter, i do want to say this action -- this tonight was not scheduled for an action item of any sort, so, there was no vote or anything pending this evening. it was going to be a full-scale discussion on how we planned on analyzing the materials, the

public comments, the scientific research and the other materials submitted to us, and then have that as well as other less lethal options looked at and then that committee to submit a recommendation to this police commission to vote on. so, it was not an action item for this evening. it was going to be a discussion on the process. in calling upon the chief yesterday and talking about needing to sit down and inform the public and the commission on how we wanted to proceed, he asked to discuss the issues with myself and commissioner loft us and they wanted some objective feed babbling. ~ feedback. we sat down, all the commissioners on this panel, as well as the chief and many

other people, have read every single thing that's been submitted on this issue. we have heard comments from the public. we listened intently, regardless of the personal criticism some of us have endured, we've heard every single comment. and, yes, i join the chief in thinking that there is a gap between -- in our use of force. something less lethal than a gun is required, and we are going to continue on that search. so, for all the people who asked during this process why do tasers keep coming up, it keeps coming up because we need to examine the issue. and as long as i'm on this commission, i join the chief and the command staff as well as my fellow commissioners and members of the concerned public to make sure that we do the right thing by the people of san francisco. and one of the right things is to find that option, whatever

it is. i think we're agreed that that option today is not tasers. certainly not the taser model that exists today. but does that mean we're not going to examine tasers again in the future? i can't say that. and there are other options out there that we need to look at. and i'm proud to have had the participation of a chief who is open to ideas and criticisms and gained plenty of information. i also want to express my personal thanks to commander ali for all the hard work that he put into this and for the information he gave us. and the chief as well as commissioner loft us and myself, we inherited tasers. we had never dealt with it before, and we think that we were the right people to at least start off this process along with commissioner chan. and as the conversation continues, i know i plan on staying personally involved with it.

and, so, to the fact that the department has now withdrawn its request, there is no action item for us to continue on, but i do want to say that we are incredibly lucky to have a chief, a department, and a concerned public to review the issue in the way that we have. so, thank you, chief. thank you all for your time on this issue. commissioner loft us, i don't know -- >> yeah, i'm reminded of the phrase, isn't it like spring comes in like a lion and out like a lam? it feels like with tasers, the conversation has been really full of a lot of passionate debate, but it feels right to hear the way the chief explained his analysis. and certainly what i learned from the community meetings and reviewing so many documents is that oftentimes you learn more from listening than from talking. and i can say as a commissioner, we did a lot of listening. we evaluated the report. we spent some time with it.

and i agree with commissioner turman that i want to commend the chief, the command staff, commander ali, commander karaya, throughout the entire process at certain meetings, the department would actually change the policy based on comments that were made the time before. and the chief continued to say throughout that everyone had given him a lot to think about and given us a lot to think about. i want to commend the collaborative spirit and commend the chief. i also want to say a number of community groups spent a lot of time and a lot of individuals came from all parts of the city. we were in the western addition in bayview, we were in the sunset. a number of organizations, and i don't want to call them out individually because i'll forget some that were really commit and had did a lot of work. i won't say that ultimately all of their findings or all of their positions about the police department were ones that i found to be in total agreement with, but i will say it is inspiring to watch

members of a community participate in the process. and i think that this is a good example that when people with fresh eyes, as commissioner turman explained it better than i did, the two of us and the chief listened and struggled with what's going to you -- ultimately keep our officers safe and the community safe, i think we reached a consensus this is the right path moving forward. so, thanks to the chief and thanks to my fellow commissioner turman and chan. >> commissioner de jesus. >> in this whole process, i attended one meeting in the tenderloin. but i want to thank our committee members on the commission for putting in all that time and energy. ~ and i was able to see the passion from the community on both sides and it was very interesting. but i also want to thank the chief, you know, because you have been able to keep an open mind and look at this and reevaluate it. i thank you, the department, and i agree that there should be something in the middle and we'll continue to look. but i'm just really pleased that we were able to resolve this in a way that involved

everybody and, you know, i think it's a right resolution as well. so, thank you. >> commissioner kingsley. >> i would like to reiterate some of the things that commissioner de jesus said. i, too, was only at one of the community meetings, but have lived with this for a couple of years on the commission. and some of the other commissioner have lived with it even longer. and i think that this go around and discussion, you know, with the community has been a very fruitful one. i think the dialogue has a been very positive. and i know that it's required a great deal of time and effort, once again, on the part of the commission. but in particular, the three commissioners that worked on this -- and thank you very much for that. but also for commander ali and for the chief and the others in the department that spent a great deal of time looking very closely at this issue and

examining it and attending meetings and so on. i really commend the effort and the very thoughtful approach that you've taken on this and respect your decision on it and your conclusion. so, thank you to everybody. >> i will say, sorry i missed the good stuff. [laughter] >> let me just [speaker not understood]. i like the fresh eyes that commissioner turman and commissioner loft us put on it because my eyes weren't fresh. [laughter] >> don't go that far. >> [speaker not understood]. i will say this. chief, i know you had your reasons, i'm sure. i just want to say this about the chief and i want to say this, nobody else has said, we know that every department, every major city in the state has these, and i know it's supported by a law of law

enforcement agency and there will be a lot of law enforcement officer. so, chief, there's the community side but then there's the other side you're going to have to face and deal with. so, i just want to commend you for doing that in spite of that. good for you. that's what you believe -- >> you look for a synopsis of what you missed. it's not that i still don't think that it's something that would be deserving of a pilot, but i just think that there are constraints that got put upon through the policy and recommendations all were so limiting that the officers were never going to take it out anyway. so, there's no reason to have it if you're not going to use it because there's no way to judge a pilot if it never gets used. so, that being the case, i just think our resource he both monetarily and in human resources are better spent.